Title
Planning and Building Department recommending the Board approve the Final Passage (Second Reading) of Ordinance 5193, (Attachment C), making modifications to the administrative portions of the cannabis program.
FUNDING: General Fund.
Body
DISCUSSION / BACKGROUND
On January 30, 2024, the Board heard the Introduction (First Reading) of Ordinance 5193 and continued the matter to February 27, 2024 for Final Passage (Second Reading).
In March of 2023, the Board authorized a settlement in the matter of El Dorado County Growers Advocacy Alliance v. El Dorado County Board of Supervisors, et al., Case No. 21CV0161 which involved a challenge to the County's implementation of its commercial cannabis program. As part of the settlement agreement, the Board directed the Planning Commission to hold a public study session on the County's cannabis regulations. The Planning Commission held multiple sessions and forwarded policy discussion areas to the Board.
On September 12, 2023 (File No. 23-1501, Item No. 35), the Board held a study session, and agreed that several cannabis policy items should proceed through the ordinance revisions process and directed that a Resolution of Intention (ROI) be prepared. During the Board's deliberations, ordinance changes related to operational and administrative aspects of the program were separated from the contemplated revisions with potential environmental impacts and approved to move through the ROI process. On September 19, the Board adopted a supplement to the minutes of September 12 to clarify the intent to group the two tax related items and the multiyear cannabis license as related to the operational and administrative portion of the ordinance revisions. The ROI was adopted October 17, 2023 (File No. 23-1817, Item No. 16).
The items identified in the October 17, 2023 ROI were brought to the Planning Commission for consideration on December 14, 2023 (File No. 23-2192, Item No. 5). During the Planning Commission hearing, public comment by Archon Farms, Inc. was brought forward, which had been submitted and posted on December 13, 2023, requesting four revisions to the ROI (Attachment E). Planning Commissioner Boeger brought forward a motion to incorporate items one through 4 listed within the December 13, 2023 public comment by Archon Farms, Inc. The motion was seconded by Commissioner Payne and was passed in a 3-1 vote with one absence. Chair Nevis casted a No vote based upon lack of time for the public to review the proposed additions to the ROI, however he had no objection with the original items brought forward by the Board.
The Planning Commission recommends that items 6 through 10 from the attached Staff Memo (Attachment A) be incorporated into Chapter 130.41 of the Zoning Ordinance. Staff has concerns of cohesive CEQA analysis of issues and unanalyzed impacts throughout the Zoning Ordinance, as such, Staff recommends that the Board proceed with items one through four of the ROI, reject changes related to item 5, and reiterate the action of September 12 (Attachment C) that the following items are directed to the Planning Commission for further review and recommendation:
• Re-evaluation of the setbacks of the cannabis ordinance.
• Consideration of expanded cannabis canopy limits.
• Changes to rules to allow for propagation and associated lighting changes.
• Changes to allow for nonvolatile manufacturing on cultivation sites.
ALTERNATIVES
The Board could choose to not approve this proposed amendment to the Zoning Ordinance addressing Commercial Cannabis. The Board could also direct staff to modify the proposed amendment.
PRIOR BOARD ACTION
See Discussion/Background above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Sheriff’s Department
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. Funding for the staff time associated with this item has been included in the FY 2023-24 Budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Obtain the Chair's signature on the ordinance summary and publish in the newspaper no less than 5 days prior to Final Passage.
2) Publish the summary ordinance to include the final Board vote within 15 days after Final Passage.
3) Clerk to forward one (2) fully executed copies of Ordinance to the Planning and Building Department, Planning Services, attention Chris Smith
4) Send the full ordinance to Municode for codification following Final Passage.
STRATEGIC PLAN COMPONENT
Good Governance: Evaluate requests and recommendations based on complete assessment of the best available information, with the goal of reaching well informed decisions.
CONTACT
Chris Perry, Assistant Director of Planning and Building
Planning and Building Department